I am considering taking the LL to Court because he did not protected the deposit in time. Maybe it is a silly question, but I was wondering what the Judge/Court usually takes into account when deciding the amount to give the claimer?
I don't understand the bit about the landlord not being able to protect the full deposit? How long did he take to protect it?
Now I checked again for the month the protection started and it is not there anymore
Depends on your contract. If you had a fixed term tenancy, then the periodic tenancy that arose after by statue is a new tenancy. If your contract stated that the term is from X to Y and then continuing month to month, or words to that effect, then it's one tenancy continuing.QuoteNow I checked again for the month the protection started and it is not there anymoreShould be in the prescribed information he's given you, assuming he's given you the prescribed information..........?
If the Tenant stays on after the end of the fixed term of this Agreement and no new Agreement is issuedthen the Tenancy will continue as a “periodic tenancy” and run from month to month. The Tenant shall givethe Landlord at least one month’s notice to coincide with the end of a “period” of their intention to terminatethis Agreement in writing to the Landlord’s address as set at the beginning of this Agreement.
If the tenancy Is an Assured Shorthold Tenancy, then when the minimum term expires, the tenancy will continue due to statute.
It seems like you're reading things people say exactly backwards, at least to me? Worth re-checking..?
This Agreement is intended to create an Assured Shorthold Tenancy as defined by the Housing Acts.Dated: 13th March 2019Landlord(s): Landlord’s Address: Under Section 48 of the Landlord and Tenant Act 1987, notices can be served on the Landlord at the above address.Tenant(s): (hereinafter called “the Tenant”).Property: The dwelling known as: Contents: The fixtures and fittings at the Property together with any other items provided by the landlord.Term: For the term of 12 months commencing on 13th April 2019Rent: £1,000.00 (One thousand pounds only) per calendar monthPayment: in advance by equal monthly payments on the 12th of each month.Deposit: £1,384.00 (One thousand, three hundred, eighty-four pounds only)(Held by Landlord).
Term: For the term of 12 months commencing on 13th April 2019
If the Tenant stays on after the end of the fixed term of this Agreement
If there were intention for the tenancy to be contractual periodic from the start, it wouldn't be talking about the possibility of issuing new agreement as that would be totally unnecessary.
Term: For the term of 12 months commencing on 13th April 2019If the Tenant stays on after the end of the fixed term of this Agreement and no new Agreement is issuedthen the Tenancy will continue as a “periodic tenancy” and run from month to month. The Tenant shall givethe Landlord at least one month’s notice to coincide with the end of a “period” of their intention to terminatethis Agreement in writing to the Landlord’s address as set at the beginning of this Agreement.
A tenancy must either be a fixed term tenancy or a periodic tenancy, it can't go from one to the other.
Anyway, the landlord have made you an offer, doesn't seems likely to increase with further back and forth, you need to decide whether you're going to accept the offer, or goes to court.